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Thomas has been frequently engaged throughout his professional life in advising and litigating in real property disputes, in particular contracts for sale or lease and their enforcement, title and boundaries, restrictive covenants and their modification or discharge, easements (including rights of light), mortgages, commercial landlord and tenant issues, leasehold enfranchisement and general conveyancing issues.
Thomas also has significant experience of more specialist topics: school sites and rights of reverter, open spaces and rights of common; property cases involving charitable or public trusts; and cases having ecclesiastical law aspects. His range and depth of experience makes him well placed to provide swift and reliable advice on points which arise in the course of a property transaction.
Notable cases include:
- Application for an injunction requiring the demolition of a building erected in breach of statute at public expense on a public open space in Spitalfields (2015-6): involving proceedings in the Administrative Court, London Consistory Court and Court of Arches.
- Walbrook Trustees/Fattal: property litigation concerning multimillion pound island site in the West End (2003-11).
- Hurstanger Ltd v Wilson  EWCA Civ 299 – an important Court of Appeal decision on the relationship between mortgage brokers and borrowers: the nature and extent of the duty to disclose commission received from the lender: and whether the borrower is entitled to have the mortgage set aside.
- Firstpost Homes Ltd v Johnson  4 AER 355 Court of Appeal. Contract for sale of land. Void for non-compliance with s.2 Law of Property (Miscellaneous Provisions) Act 1989)
- Kohn v Wagschal  EWHC 3356 (property dispute: leave to enforce arbitration award: High Court and Court of Appeal).
- Official Custodian for Charities v Parway Estates Developments ltd  3 AER 679 CA; OCC v Mackey (No.1)  3 AER 689; (No.2)  2 AER 1016. Forfeiture of commercial lease on insolvency.